People v Hiers
2012 NY Slip Op 02517 [94 AD3d 776]
April 3, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


The People of the State of New York, Respondent,
v
Jeffrey Hiers, Appellant.

[*1] Jeffrey Hiers, Attica, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Sharon Y. Brodt of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), former appellate counsel.

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated July 7, 2009 (People v Hiers, 64 AD3d 616 [2009]), affirming a judgment of the Supreme Court, Queens County, rendered May 17, 2006.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Mastro, A.P.J., Dillon, Florio and Belen, JJ., concur.